Russell & Co., Sucrs. v. Padrón Fortier

delivered tlie opinion of the court.

The district court held in the instant case that the plaintiff had title by prescription in favor of two of its farms of a servitude of aqueduct consisting of a concrete irrigation canal which was six feet wide and 22 to 24 inches high. This canal, known as Canal del Cacique, ran through 2,061 feet of the defendants’ farm and was visible throughout its extension.

All the contentions raised on appeal by the defendants are frivolous. Such matters as an alleged new intake of water for the canal and the alleged lack of an exclusive property right in the…